SECOND DIVISION
November 23, 2016
G.R. No. 207315
INTERADENT ZAHNTECHNIK PHILIPPINES, INC., BERNARDINO G. BANTEGUI, JR. and SONIA J. GRANDEA, Petitioners
vs.
REBECCA F. SIMBILLO, Respondent
D E C I S I O N
DEL CASTILLO, J.:
This Petition for Review on Certiorari1 assails the January 4, 2013 Decision2 and May 24; 2013 Resolution3 of the Court of Appeals (CA) in CA-G.R. SP No. 120474, which set aside the March 24, 20114 and May 19, 20115 Resolutions of the National Labor Relations Commission (NLRC) in NLRC LAC No. 12-003076-10. The NLRC affirmed the October 29, 2010 Decision6 of the Labor Arbiter declaring respondent Rebecca F. Simbillo's (Simbillo) dismissal by petitioners Interadent Zahntechnik Philippines, Inc. (Interadent) and its officers Bernardino G. Bantegui, Jr. (Bantegui) and Sonia J. Grandea (Grandea), as President and Human Resource & Organizational Development Manager, respectively, valid on the ground of loss of trust and confidence.
Antecedent Facts
Simbillo worked at Interadent as a rank-and-file employee from May 2, 2004 up to March 2006. In April 2008, she was rehired by Interadent as its Accounting Manager. On April 16, 2010) she was promoted to the position of Finance and Accounting Manager. She was also Interadent' s Treasurer upon being elected by the Board of Directors on March 31, 2010.
On July 23, 2010, Interadent sought a company-wide implementation of the following security meas1rres: body frisking and bag/personal items inspection of all employees upon ingress and egress of office, disconnection of all USB ports and prohibition of cellular phone usage.7 The immediate implementation of these security procedures was brought about by an alleged leakage of security information uncovered by Interadent's external auditors.
On July 28, 2010, upon the directive of Bantegui, all network and internet connections in Interadent's Accounting Department were removed and disabled. Simbillo's electronic mail (email) account was likewise suspended.8
On July 29, 2010, petitioners served Simbillo a Memorandum9 (Notice to Explain) requiring her to submit a written explanation and to attend an administrative hearing on August 2, 2010, regarding a message she posted on her Facebook account "referring to company concerns with the Bureau of Internal Revenue (BIR) and insulting statements against a co-worker." In the Notice to Explain, Sirr1billo was reminded that as Treasurer, as well as Finance and Accounting Manager, she should observe the highest degree of confidentiality in handling sensitive information. She was preventively suspended for seven days effective July 29, 2010 to August 6, 2010.
On the following day, Simbillo, through counsel, wrote a reply-letter10 arguing that she was already constructively dismissed even prior to her receipt of the Notice to Explain considering the discriminatory acts committed by petitioners starting July 23, 2010 when certain security procedures were directed exclusively and solely against her. Simbillo claimed that the Notice to Explain was defective and was only used to disguise the intent to dismiss her; hence there was no need for her to submit an answer or attend the hearing. Simbillo further asserted that she committed no violation of any rule or law relative to the message she posted on her personal and private Facebook account that would justify any disciplinary action.
In a letter11 dated August 6, 2010, petitioners extended Simbillo's suspension up to August 25, 2010 in view of her failure to submit a written explanation and to attend the scheduled hearing. In a reply-letter12 dated August 9, 2010, Simbillo reiterated her claim of constructive dismissal and that there was no need for her to answer and attend the hearing.
On August 9, 2010, Simbillo filed with the Labor Arbiter a Complaint13 for constructive illegal dismissal, non-payment of service incentive leave pay, 13th month pay, illegal suspension, claims for moral and exemplary damages and attorney's fees against petitioners.
On August 24, 2010, petitioners issued a Second Notice14 informing Simbillo of her termination from service effective August 25, 2010 on the ground of loss of trust and confidence. Petitioners found Simbillo to have disclosed sensitive and confidential information when she posted on her Facebook account on July 15, 2010, the following:
*% ang pinaggagagawa, na kapag super demotivated na yung tao nayun baka iwan narin nya ang kawawang kumpanya na pinagpepyestahan ng mga b ).!'.....: Wala na ngang credibility wala pang conscience, portraying so respectable and so religious pa. Hay naku talaga, nakakasuka, puro nalang animus lucrandi ang laman ng isip.15Sana maisip din nila na ang kompanya kailangan ng mga taong di tulad nila, nagtatrabaho at di puro #$,